Category: International Law

International Law, Posts

Capture, Control, and Consequences: Trump’s Venezuela Strike Through the Lens of International Law

In this article, the authors analyse the legality of the United States’ alleged military operation in Venezuela through the framework of public international law, examining questions of sovereignty, use of force, self-defence, and head of state immunity. By engaging with the UN Charter framework and relevant international jurisprudence, the authors argue that the absence of an armed attack or UN Security Council authorisation raises serious concerns regarding the legality of the intervention and the capture of a sitting head of state. The article further reflects on the broader implications of such unilateral action for the stability of the international legal order and the continuing tension between power and legality in the regulation of force between states. Continue reading Capture, Control, and Consequences: Trump’s Venezuela Strike Through the Lens of International Law

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International Criminal Law, International Law

UNSC Referrals at ICC: An Unnecessary Evil and the Problem of Impunity

In this article the author argues that UNSC referrals to the ICC perpetuate selective impunity and undermine the ICC’s legitimacy by allowing permanent UNSC members (USA, Russia, China) to shield themselves and their allies from prosecution. This selective application of justice creates a perception of bias and unequal treatment, particularly affecting African nations and leading to increased state withdrawals from the Rome Statute. To address this legitimacy deficit, the article proposes granting universal jurisdiction to the ICC, ensuring that anyone committing atrocities can be prosecuted regardless of their state’s party status, thereby promoting a more egalitarian and credible international justice system. Continue reading UNSC Referrals at ICC: An Unnecessary Evil and the Problem of Impunity

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International Law

Critical Analysis of Corporate Liability under International Humanitarian Law

In this article, author Sanjana Mishra deals with the interplay between the corporations and their role in compliance with the International Humanitarian Law. Corporations in recent times have become a key geopolitical player in all arenas including armed conflicts. The author also deals with the jurisprudence of modern corporate structure and the laws drafted to address the state’s obligations to address the corporation’s liability and duties. The article also talks about various issues that IHL faces in holding corporations accountable such as the narrow scope of International Criminal Law and International Human Rights law, the restrictive nature of state responsibility doctrine, and the varying nature of the role of Corporates resulting in consequences that may breach IHL obligations. Continue reading Critical Analysis of Corporate Liability under International Humanitarian Law

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International Law

Protectionist Policies of US and Contempt for WTO

In this article, the authors have challenged the Inflation Reduction Act, 2022 of the USA due to its inherently discriminatory domestic content requirement and made an attempt to bring it’s shortcomings and repercussions to the fore. Alongside, the authors have placed reliance on the laws and principles of WTO to show the unfair practices being followed by the American administration and their impact thereof. Continue reading Protectionist Policies of US and Contempt for WTO

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Arbitration, Contract Law, International Law, International Trade Law

Pakistan and Investment Arbitration: Are they Closer to a Line in the Sand?

In this post, the authors map the journey of Pakistan in the investment arbitration regime from advocating, promoting, and endorsing to regulating and constraining its purview. The authors suggest that Pakistan’s BIT programme should undergo a systemic shift to promote itself. Continue reading Pakistan and Investment Arbitration: Are they Closer to a Line in the Sand?

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Arbitration, Contract Law, Environmental Law, Foreign Law, International Law, International Trade Law

(BIT)s of Change: An Analysis of the Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 2)

In the second part of this series, the author continues to examine how current standards can accommodate future fossil phases out cases. The article ends with an analysis of how the current IIA regime can be re-evaluated to address the climate-investment conflict. Continue reading (BIT)s of Change: An Analysis of the Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 2)

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Arbitration, Contract Law, Environmental Law, Foreign Law, International Law, International Trade Law

(BIT)s of Change: An Analysis of The Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 1)

With the introduction of a new regulation globally, that is, converting net-zero commitments into concrete policy, a big economic transformation is expected. International investment law, however, does not seem to cope with this new reality as it remains at odds with most of these developments. In the first part of this series, the author explores the conflict between climate and investment law. The author then analyses how current standards can be used in future fossil-fuel phase out cases. Continue reading (BIT)s of Change: An Analysis of The Interaction Between the Climate and International Investment Regimes and Potentials for the Future (Part 1)

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Information Technology, International Law

The Transparency Principle in Data Privacy: An Analysis of the Autoritiet Persoonsgegevens’s Decision on Tiktok Inc.’s Privacy Policy (Part 2)

In the second part of this series, the author makes an argument for elimination of subjectivity in terms of understanding of data and looks in to the necessity for introduction of standard elements and provides suggestions for the same. Following this the author undertakes a comparative analysis between four major corporations operational in the Netherlands to illustrate the differences in the content, placement, and presentation of the cookie settings on their websites and analyses how it results in greater subjectivity around data. The author concludes the series by providing suggestions and the way forward. Continue reading The Transparency Principle in Data Privacy: An Analysis of the Autoritiet Persoonsgegevens’s Decision on Tiktok Inc.’s Privacy Policy (Part 2)

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Information Technology, International Law

The Transparency Principle in Data Privacy: An Analysis of the Autoritiet Persoonsgegevens’s Decision on Tiktok Inc.’s Privacy Policy (Part 1)

In the first part of this series, the author analyses the decision of the Dutch Data Protection Authority, the Autoritiet Persoonsgegevens in relation to the imposition of a substantial fine of 7,50,000 euros on Tiktok Inc. for infringement of the privacy of young children using the app in the Netherlands. The author posits the need to introduce elements of standardization for the purpose of communicating the reasons for processing personal data to the data subjects. Continue reading The Transparency Principle in Data Privacy: An Analysis of the Autoritiet Persoonsgegevens’s Decision on Tiktok Inc.’s Privacy Policy (Part 1)

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